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A motion for a temporary injunction blocking any more work on the development accompanied the lawsuit. The plaintiffs filed both Monday.

The plaintiffs argue the City of Fremont violated their due process because council members already decided to support the development before public hearings on the matter.

The lawsuit also alleges Fremont's misusing state TIF laws. The plaintiffs claim the Costco development is only building on about 400 acres of the total annexation.

"The inclusion of the additional 500 unrelated acres to the north of the site was an artifice designed to try to circumvent the requirements of the Nebraska Community Development Law," lawyers argue in the lawsuit.

According to the plaintiffs, state law does not allow TIF financing for rural property. They argue the farmland part of the Costco development is rural.

The City of Fremont and the Greater Fremont Development Council have yet to respond.